What is the difference between a rejection and an objection in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The key difference between a rejection and an objection in patent examination lies in their nature and the review process:
- Rejection: Relates to the substance or merits of the claim. As stated in the MPEP,
The refusal to grant claims because the subject matter as claimed is considered unpatentable is called a ‘rejection.’
Rejections can be appealed to the Patent Trial and Appeal Board (PTAB). - Objection: Pertains to the form of the claim rather than its substance. The MPEP provides an example:
An example of a matter of form as to which objection is made is dependency of a claim on a rejected claim, if the dependent claim is otherwise allowable.
Objections, if persistent, can only be reviewed through a petition to the Director of the USPTO.
This distinction is important for patent applicants and attorneys to understand the appropriate course of action for addressing examiner feedback.